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Session Laws, 1797
Volume 652, Page 113   View pdf image
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J O H N H E N R Y, Efquire, Governor,

1797.

paffing of this act, the court before whom fuch procefs fhall be returned fhall
and may difcharge fuch debtor or debtors out of cuftody, on his common ap-
pearance being entered, without any fpecial bail; provided, that the difcharge of
fuch debtor or debtors fhall not acquit any other perfon from fuch debt, damages
or cofts, or any part thereof, but that all fuch perfons fhall be anfwerable for
the fame in. fuch manner as they were before the paffing of this act.

CHAP.
XCVII.

XV. And be it enacted, That all proceedings in chancery under this act fhall
be recorded by the regifter, who fhall be entitled to the fame fees as are fixed by
law for fervices in other cafes, which fhall be paid at the time of obtaining the

difcharge,

Proceedings
to be record-
ed, &c.

XVI. And be it enacted, That in all appointments of truftees under this act
by the chancellor, in the room of any perfon before appointed, the chancellor
fhall confult the creditors, and govern himfelf by the choice of a majority of
them in value, unlefs, upon notice being given by public advertisement, or in
fuch manner as he fhall think reafonable, the faid creditors fhall neglect to make
fuch choice.

Creditors to
be confulted,
&c.

XVII. And be it enacted, That none of the faid debtors, who do not make
application as aforefaid on or before the firft day of June next, fhall have any
benefit of this act.

When appli-
cation is to be
made.

C H A P. XCVIII.

An ACT for the relief of Samuel Turner Dyfon, of Baltimore
county, an infolvent debtor.

Paffed Janua-
ry 20.

WHEREAS Samuel Turner Dyfon, of Baltimore county, has ftated to
this general affembly his inability to pay his debts, and has petitioned
for an act to releafe him therefrom upon giving up all his property to
the ufe of his creditors: And whereas the faid Samuel Turner Dyfon, being an
officer in the army of the United States, is liable, from the military arrange-
ments, to be called out of this ftate, which justifies a diftinction of his cafe from
others who have petitioned for fimilar acts ;

Preamble.

II. Be it enacted, by the General Affembly of Maryland, That in cafe the
faid Samuel Turner Dylan fhall, before fome juftice of the peace for the county
where he refides, make and fubfcribe the following oath, to wit: " I, Samuel
" Turner Dyfon, do fwear, or affirm, that I will deliver up, convey and trans-
" fer, to the ufe of my creditors, all my property, real, perfonal or mixed, (the
" neceffary wearing apparel of myfelf and family, as allowed by my truftee, only
" excepted,) that I have or claim any title to, or intereft in, at this time, and
" all debts, rights and claims, which I have at this time, or that I am in any
" refpect entitled to, in poffeffion, remainder or reverfion; and that I have not,
" directly or indirectly, at any time before, fold, conveyed, leafed, difpofed of,
" or intrufted or concealed, any part of my property of any kind, or any part of
" my debts, rights or claims, thereby wilfully to defraud or deceive my creditors,

" or any of them, or to fecure the fame, or to receive or expect any profit, be-
" nefit or advantage thereby;" and fhall execute and acknowledge, before two
juftices of the fame county, a deed to his truftee, appointed in virtue of this act,
on behalf of his creditors, for all his property, debts, rights and claims, agree-
ably to his faid oath, in truft for his creditors, a fchedule whereof he fhall in-
fert in, or annex to, the faid deed, that thereupon, and for ever thereafter, the
faid Samuel Turner Dyfon fhall, by virtue of this act, be acquitted, releafed,
and for ever difcharged, from all debts, promifes, contracts, agreements and
covenants, due from, or contracted, mads or entered into by him, before the
paffing this act; provided, that any property acquired by the. faid Samuel
Turner Dyfon, after the making the faid deed, by defcent, or in his own right
by devife, bequeft, or in courfe of distribution, fhall be liable for the payment
of his debts.

S. T. Dyfon,
on making
oath, &c. to
be difcharged,
&c.



 
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Session Laws, 1797
Volume 652, Page 113   View pdf image
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